History of the earldoms of Strathern, Monteith, and Airth

STRATHERN, MONTEITH, AND AIRTH. 65
On the 20th and 23rd of March, 1633, pro- William
. ^ SEVENTH Earl
ceedmgs were taken m the Court of Session for of Monteith.
. . . 1633.
reducing or cancelling the Retours and Services
of the Earl of Monteith as nearest heir of blood
to Euphemia Countess of Strathern, to Patrick
Graham her husband, and also to her father
David Earl of Strathern, son of King Robert the
Second. It was alleged on behalf of the Crown,
that the King, being better informed, might re-
duce those instruments ; that the Earl of Mon-
teith was not heir, and that the King was sole and
only heir to Earl David, " seeing he died with-
out succession, as all the other brethren of Earl
David died without succession ; and the King's
Majesty was nearest, being lineally descended of
Robert the Third, brother to Earl David ;" and
it was found that " the King might now quarrel
these Writs, and the wrongous information and
omission of the officers could not prejudice the
King ; and in this process error being also con-
cluded against the assisers, they were assoilzied
from all error and punishment, because it was
found that they had just and probable cause to
have served him heir, where the King's Advo-
cate compeared the time of the service, and did
not oppone thereto." ^
The Retours and Services, together with the
' See the extract from Lord Durie's " Decisions of the
Lords of Session," p. 683. ; and the Proceedings on the
Register of Decreets in the Appendix, No. XIL
F